Oregon Climate Change Battle Continues

This suit involves legal challenges by minor children seeking redress for alleged governmental inaction on climate change. Following the Oregon District Court’s denial of the federal government and industry intervenor’s motions to dismiss in November 2016, defendants petitioned the District Court to certify its ruling to allow for immediate review by the Court of Appeals for the Ninth Circuit. The District Court denied the defendants’ motion in June 2017. On June 9, 2017, the federal government filed a petition for mandamus in the Ninth Circuit seeking intermediate appellate review of the District Court’s rulings allowing this case to proceed and also seeking a stay of further proceedings in the trial court. On July 25, 2017, the Ninth Circuit stayed further proceedings before the District Court in the case.  It then ordered full responses to the federal government’s petition to be filed by the end of August, which are available here. A 3-judge panel of the U.S. Court of Appeals for the Ninth Circuit will hear oral argument on the petition of the U.S., which seeks to reverse the District Court’s denial of a motion to dismiss the entire suit on December 11, 2017.